Wyoming Statutes
Wyo. Stat. § 1-39-103 (2026)
Definitions.
✓ current as of May 2026
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(a) As used in this act:
(i) "Governmental entity" means the state, University
of Wyoming or any local government;
(ii) "Local government" means cities and towns,
counties, school districts, joint powers boards, airport boards,
public corporations, entities formed by a county memorial
hospital, special hospital district, rural health care district
or senior health care district that are wholly owned by one (1)
or more governmental entities, community college districts,
special districts and their governing bodies, all political
subdivisions of the state, and their agencies, instrumentalities
and institutions, and governmental entities of another state but
only while physically present in the state of Wyoming and while
in the course of operating a cooperative public transportation
program as defined by W.S. 16-1-104(f);
(iii) "Peace officer" means as defined by W.S.
7-2-101, but does not include those officers defined by W.S.
7-2-101(a)(iv)(K) or those officers defined by W.S.
7-2-101(a)(iv)(M) unless otherwise provided in the applicable
mutual aid agreement;
(iv) "Public employee":
(A) Means any officer, employee or servant of a
governmental entity, including elected or appointed officials,
peace officers and persons acting on behalf or in service of a
governmental entity in any official capacity, whether with or
without compensation;
(B) Does not include an independent contractor,
except as provided in subparagraphs (C) and (F) of this
paragraph, or a judicial officer exercising the authority vested
in him;
(C) Includes contract physicians, physician
assistants, nurses, optometrists and dentists in the course of
providing contract services for state institutions or county
jails;
(D) Includes individuals engaged in search and
rescue operations under the coordination of a county sheriff
pursuant to W.S. 18-3-609(a)(iii);
(E) Includes any volunteer physician providing
medical services under W.S. 9-2-103(a)(i)(C);
(F) Includes contract attorneys in the course of
providing contract services for the office of guardian ad litem
as provided in W.S. 14-12-104;
(G) Includes any health care provider, as
defined by W.S. 35-31-101(a)(iii), and any individual included
in the definition of medical facility in W.S. 35-31-101(a)(v),
under a contract with the state to deliver volunteer health care
services to low income persons under W.S. 35-31-101 through
35-31-103 while providing the contracted services. Nothing in
this subparagraph alters the requirement that any action for
damages shall be brought against the state of Wyoming as
provided by W.S. 35-31-102(g);
(H) Includes volunteers and school district
employees acting as a roadway crossing guard on behalf of or in
service of a public school district legally organized as a body
corporate pursuant to W.S. 21-3-101, et seq.;
(J) Includes persons employed by or contracted
with facilities as defined by W.S. 7-11-301(a)(ii) that provide
security, examination or treatment of accused persons housed in
county detention facilities under W.S. 7-11-308.
(v) "Scope of duties" means performing any duties
which a governmental entity requests, requires or authorizes a
public employee to perform regardless of the time and place of
performance;
(vi) "State" or "state agency" means the state of
Wyoming or any of its branches, agencies, departments, boards,
instrumentalities or institutions;
(vii) Repealed by Laws 2017, ch. 41, § 2.
(viii) "Governmental entity of another state" means
any state and its political subdivisions, agencies,
instrumentalities and institutions and any local government
entity within another state;
(ix) "This act" means W.S. 1-39-101 through 1-39-124.Notes of Decisions
Cited in 45
cases (12 in the last 5 years), 1982–2026 · leading case: Robert J. Craft & Sabrina Craft, individually & as Pers. Rep. of the Est. of Robert James Anderson v. State of Wyoming ex rel., Wyoming Dep't of Health Wyoming State Hosp. Thomas O. Forslund, individually & in his Off. capacity as Dir. of the Wyoming Dep't of Health Richard Dunkley, individually & in his Off. capacity as Adm'r of the Wyoming State Hosp. David Carrington, M.D. Sarah J. Rogers, Ph.D. James Fleenor, PMHNP-BC Martha Mueller, FNP-BC Sara Young, RN Xandrea Vrooman Steve Billman Michael Saxton Lidia Garcia Edgar Hernandez-Bautista Antoinette \Shelby\" Hutcherson Renita Hurdsman Giovanni Cerda Paul Mullenax Bill Sexton Jennifer Schmidt-Arroyo Jennifer Alexander & Spencer Kimble", 2020 WY 70 (Wyo. 2020).
Robert J. Craft & Sabrina Craft, individually & as Pers. Rep. of the Est. of Robert James Anderson v. State of Wyoming ex rel., Wyoming Dep't of Health Wyoming State Hosp. Thomas O. Forslund, individually & in his Off. capacity as Dir. of the Wyoming Dep't of Health Richard Dunkley, individually & in his Off. capacity as Adm'r of the Wyoming State Hosp. David Carrington, M.D. Sarah J. Rogers, Ph.D. James Fleenor, PMHNP-BC Martha Mueller, FNP-BC Sara Young, RN Xandrea Vrooman Steve Billman Michael Saxton Lidia Garcia Edgar Hernandez-Bautista Antoinette \Shelby\" Hutcherson Renita Hurdsman Giovanni Cerda Paul Mullenax Bill Sexton Jennifer Schmidt-Arroyo Jennifer Alexander & Spencer Kimble", 2020 WY 70 (Wyo. 2020). “The Hospital is a governmental entity as that phrase is defined in Wyo. Stat. Ann. § 1-39-103 (a)(i). The list of 14 state institutions created by the legislature includes the Wyoming State Hospital in Evanston.”
State v. Stovall, 648 P.2d 543 (Wyo. 1982). “Section 1-39-103(a)(ii) defines local government as including cities, towns, counties and all political subdivisions of the State, among other things.”
Cranston v. Weston Cnty. Weed & Pest Bd., 826 P.2d 251 (Wyo. 1992). “First, they note that it is not included within any of the enumerated categories in W.S. 1-39-103 (June 1988 Repl.). For purposes of the Governmental Claims Act, governmental entity "means the state, University of Wyoming or any local government.”
Whitham v. Feller, 415 P.3d 1264 (Wyo. 2018). “" Section 1-39-103(a)(i) and (ii). As such, the WGCA generally grants immunity to school districts and school district employees for torts committed while acting within the scope of their duties, unless a specific exception applies.”
Cheyenne Newspapers, Inc., D/B/A Wyoming Tribune Eagle v. The Bd. of Trs. of Laramie Cnty. Sch. Dist. No. One, State of Wyoming, 2016 WY 113 (Wyo. 2016). “10 See Wyo. Stat. Ann. § 1-39-103 (a)(ii) and (vi) (LexisNexis 2015), defining the terms “local government,” “state,” and “state agency.”
Weston Cnty. Hosp. Jt. Powers Bd. v. Westates Constr. Co., 841 P.2d 841 (Wyo. 1992). “Possibly, this contention is suggested by § 1-39-103(a)(i) and (ii). The first subparagraph defines governmental entities to include the State, the University of Wyoming, and any local government.”
Susan Elsner, Pers. Rep. of the Est. of Margaret Wilkey v. Campbell Cnty. Hosp. Dist. D/B/A the Legacy Living & Rehab. Ctr. & Campbell Cnty. Hosp. Dist. D/B/A Campbell Cnty. Health, 2025 WY 37 (Wyo. 2025). “Nelisse may have technically been employed by Aureus Medical Group, whether she was truly an independent contractor or an agent of The Legacy was a question of fact for the jury.”
Charles Leonhardt v. Big Horn Cnty. Sheriff's Off.; Big Horn Cnty. Jail; Sheriff Ken Blackburn; & Captain Debbie Cook, 2024 WY 128 (Wyo. 2024). “” Wyo. Stat. Ann. § 1-39-104 (a) (LexisNexis 2023).”
Boyer-gladden v. Hill, 2010 WY 12 (Wyo. 2010). “Wyo. Stat. Ann. § 1-39-103 (a)(iii) (LexisNexis 2009); Wyo.”
Jung-Leonczynska v. Steup, 782 P.2d 578 (Wyo. 1989). “The trial court granted Steup's motion for summary judgment, finding as a matter of law that Steup was a public employee acting within the scope of his duties as defined in W.S. 1-39-103(a)(v). The trial court concluded that the provisions of the Wyoming Governmental Claims Act…”
Dee v. Laramie Cnty., 666 P.2d 957 (Wyo. 1983). “However, it is clear in that the action is brought against two governmental entities, as that term is defined in § 1-39-103, W.S.1977, Cum.Supp.1983. 4 The Wyoming Governmental Claims Act, § 1-39-101, et seq.”
Calli Cornella, Phillip Cornella, & Calli & Phillip Cornella as Next Friends of Jpc, Bnc & Spc v. City of Lander, Wyoming, 2022 WY 9 (Wyo. 2022). “]” Wyo. Stat. Ann. § 1-39-103 (a)(v). Per his job description, Officer Cox was required to respond to and investigate citizen complaints, utilize special equipment and catch mechanisms, and follow specific procedures for animal bite cases.”
— Wyo. Stat. § 1-39-103(a) — 1 case
Sperry v. Fremont Cnty. Sch. Dist. No. 6, 84 F. Supp. 3d 1277 (D. Wyo. 2015).
— Wyo. Stat. § 1-39-103(a)(i) — 8 cases
State v. Stovall, 648 P.2d 543 (Wyo. 1982). “Section 1-39-103(a)(ii) defines local government as including cities, towns, counties and all political subdivisions of the State, among other things.”
Cranston v. Weston Cnty. Weed & Pest Bd., 826 P.2d 251 (Wyo. 1992). “First, they note that it is not included within any of the enumerated categories in W.S. 1-39-103 (June 1988 Repl.). For purposes of the Governmental Claims Act, governmental entity "means the state, University of Wyoming or any local government.”
Whitham v. Feller, 415 P.3d 1264 (Wyo. 2018). “" Section 1-39-103(a)(i) and (ii). As such, the WGCA generally grants immunity to school districts and school district employees for torts committed while acting within the scope of their duties, unless a specific exception applies.”
Weston Cnty. Hosp. Jt. Powers Bd. v. Westates Constr. Co., 841 P.2d 841 (Wyo. 1992). “Possibly, this contention is suggested by § 1-39-103(a)(i) and (ii). The first subparagraph defines governmental entities to include the State, the University of Wyoming, and any local government.”
Devon Energy Prod., Lp v. Grayson Mill Operating, Llc, 2020 WY 28 (Wyo. 2020).
— Wyo. Stat. § 1-39-103(a)(ii) — 4 cases
State v. Stovall, 648 P.2d 543 (Wyo. 1982). “Section 1-39-103(a)(ii) defines local government as including cities, towns, counties and all political subdivisions of the State, among other things.”
Weston Cnty. Hosp. Jt. Powers Bd. v. Westates Constr. Co., 841 P.2d 841 (Wyo. 1992). “Possibly, this contention is suggested by § 1-39-103(a)(i) and (ii). The first subparagraph defines governmental entities to include the State, the University of Wyoming, and any local government.”
Gardetto v. Mason, 854 F. Supp. 1520 (D. Wyo. 1994).
Cranston v. Weston Cnty. Weed & Pest Bd., 826 P.2d 251 (Wyo. 1992). “First, they note that it is not included within any of the enumerated categories in W.S. 1-39-103 (June 1988 Repl.). For purposes of the Governmental Claims Act, governmental entity "means the state, University of Wyoming or any local government.”
— Wyo. Stat. § 1-39-103(a)(iv)(A) — 3 cases
Veile v. Bd. of Cty. Com'rs of Washakie, 860 P.2d 1174 (Wyo. 1993).
Cline v. State, Dep't of Fam. Servs., 927 P.2d 261 (Wyo. 1996).
Campbell Cnty. Mem'l Hosp. v. Jaime A. Williams Pfeifle & Josh Pfeifle, 2014 WY 3 (Wyo. 2014).
— Wyo. Stat. § 1-39-103(a)(iv)(B) — 1 case
Campbell Cnty. Mem'l Hosp. v. Jaime A. Williams Pfeifle & Josh Pfeifle, 2014 WY 3 (Wyo. 2014).
— Wyo. Stat. § 1-39-103(a)(iv)(C) — 1 case
Campbell Cnty. Mem'l Hosp. v. Jaime A. Williams Pfeifle & Josh Pfeifle, 2014 WY 3 (Wyo. 2014).
— Wyo. Stat. § 1-39-103(a)(v) — 4 cases
Whitham v. Feller, 415 P.3d 1264 (Wyo. 2018). “" Section 1-39-103(a)(i) and (ii). As such, the WGCA generally grants immunity to school districts and school district employees for torts committed while acting within the scope of their duties, unless a specific exception applies.”
Jung-Leonczynska v. Steup, 782 P.2d 578 (Wyo. 1989). “The trial court granted Steup's motion for summary judgment, finding as a matter of law that Steup was a public employee acting within the scope of his duties as defined in W.S. 1-39-103(a)(v). The trial court concluded that the provisions of the Wyoming Governmental Claims Act…”
Risk Mgmt. Div. v. McBrayer, 14 P.3d 43 (N.M. Ct. App. 2000).
Jung-Leonczynska v. Steup, 803 P.2d 1358 (Wyo. 1990).
— Wyo. Stat. § 1-39-103(a)(vi) — 1 case
Wyoming Dep't of Transp. v. Straight (In Re Straight), 143 F.3d 1387 (10th Cir. 1998).
— Wyo. Stat. § 1-39-103(a)(vii) — 1 case
Peterson v. Sweetwater Cty. Sch. Dist., 929 P.2d 525 (Wyo. 1996).
— Wyo. Stat. § 1-39-103(iv)(A) — 1 case
Susan Elsner, Pers. Rep. of the Est. of Margaret Wilkey v. Campbell Cnty. Hosp. Dist. D/B/A the Legacy Living & Rehab. Ctr. & Campbell Cnty. Hosp. Dist. D/B/A Campbell Cnty. Health, 2025 WY 37 (Wyo. 2025). “Nelisse may have technically been employed by Aureus Medical Group, whether she was truly an independent contractor or an agent of The Legacy was a question of fact for the jury.”
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